Muhammad Iqbal vs The State
This jail petition, converted into an appeal, arises from the conviction and sentence of Muhammad Iqbal under Section 5(1) of the Import and Export (Control) Act, 1950. The core legal question concerned the legality of the conviction and the associated conditions of payment and refund of compensation imposed on the convict for his release. The Supreme Court of Pakistan maintained the judgment of the High Court regarding the conviction and sentence under Section 5(1) of the Import and Export (Control) Act, 1950, but set aside the condition requiring the convict to pay or refund the compensation amount for his release, noting that he had already served his sentence. Furthermore, the Court directed the Federal Government under Section 5-B (5) of the Act to pay the foreign buyer compensation with interest from the Revolving Fund or the Federal Consolidated Fund, while granting the Federal Government the right to recover the compensation amount from the convict as arrears of land revenue pursuant to Section 5-B (6) and (7) of the said Act. The key principle laid down is that a convict who has fully served a substantive sentence of imprisonment should be released forthwith, separating the penal consequences from the recovery of financial compensation.
- Whether the condition of payment of compensation can be made a prerequisite for the release of a convict who has already served his sentence?
- Can the Federal Government be directed to pay compensation to a foreign buyer from the Revolving Fund or Federal Consolidated Fund under the Import and Export (Control) Act, 1950?
- How may the Federal Government recover compensation paid to a buyer from a convicted person under the Import and Export (Control) Act, 1950?
- Section 5(1), Import and Export (Control) Act, 1950
- Section 5-B(5), Import and Export (Control) Act, 1950
- Section 8, Import and Export (Control) Act, 1950
- Section 5-B(6), Import and Export (Control) Act, 1950
- Section 5-B(7), Import and Export (Control) Act, 1950
ORDER
AMIN-UD-DIN KHAN, J.- for the reasons to be recorded later this jail petition is converted into appeal and allowed in the following terms:-
1. The application (Cr .M.A.1277 of 2018) for condonation is allowed.
2. We maintain the judgment of the learned High Court to the extent of conviction and sentence awarded to Muhammad Iqbal under Section 5(1) of Import and Export (Control) Act, 1950 (Act No. XXXIX of 1950 in Complaint Case No. 01/2012. However, we set aside the condition of payment/refund of compensation amount for his release.
Convict Muhammad Iqbal has already served his sentence, therefore, he be released forthwith if not required in any other case.
3. The Federal Government, under section 5-B (5) of Import and Export (Control) Act, 1950 is directed to pay Mrs. Lina Bomba of JEAD Textile Limited, Sydney, Australia (buyer) compensation/refund an amount of US Dollar $ 87671.21 along with interest at the prevailing bank rate from the date of judgement of trial court i.e. 25.06.2014 till the date of payment from the Revolving Fund established under Section 8 of Import and Export (Control) Act, 1950 or, from the Federal Consolidated Fund, if the former has not been established yet. Secretary to the Ministry of Finance, Government of Pakistan, is directed to submit compliance report to the Additional Registrar (Judicial) of this Court within a fortnight.
4. The Federal Government may recover the amount of compensation from convict Muhammad Iqbal in terms of Section 5-B (6) and (7) of Import and Export (Control) Act, 1950 as arrears of land revenue, in separate proceedings as per law .